Agriculture, Food and Rural Communities Directorate Land Reform and Tenancy Unit T: 0300-244 9754 F: 0131-244 9990 E: Heather.Holmes@scotland.gsi.gov.uk Mr A Stewart Brackley Cottage Toward Dunoon PA23 7UN In 2014 Scotland Welcomes the World Your ref/ur faidhle: Our ref /Ar faidhle: CB00166 22 October 2014 Dear Mr Stewart NOTICE BY THE SCOTTISH MINISTERS UNDER SECTION 37(17) OF THE LAND REFORM (SCOTLAND) ACT 2003: DECISION ON CONSENT FOR SOUTH COWAL COMMUNITY DEVELOPMENT COMPANY TO PROCEED WITH THE RIGHT TO BUY LAND INCLUDING A B GRADE LISTED MANSION HOUSE (CASTLE TOWARD), 2 COTTAGES AND A GATE LODGE, SURROUNDED BY 142.7 ACRES OF WOODLAND AND PARKLAND AND 2 SMALLER AREAS (PART OF 2 CHINESE LAKES) CONTAINING A PRIVATE WATER SUPPLY, ON THE TIP OF THE COWAL PENINSULA, ARGYLL & BUTE Case Number: CB00166 Notice under section 51(5) of the Land Reform (Scotland) Act 2003 ( the Act ) is enclosed. In terms of section 51 of the Act, the Scottish Ministers have considered the application by South Cowal Community Development Company (SCCDC) to buy land including a B listed mansion house (Castle Toward), 2 cottages and a gate lodge, surrounded by 142.7 acres of woodland and parkland and 2 smaller areas (part of 2 Chinese lakes) containing a private water supply, on the tip of the Cowal Peninsula, Argyll & Bute. They now give consent for SCCDC to proceed to buy the land. The enclosed Notice sets out the reasons for the Scottish Ministers decision and your attention is specifically drawn to the notes contained in the Notice, which provide B1 Spur, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD www.scotland.gov.uk
information on the effect of the right to buy and on rights of appeal against the Scottish Ministers decision. In accordance with section 51(5) of the Act, a copy of this letter is being sent to the landowner Argyll and Bute Council, Kilmory, Lochgilphead, Argyll PA31 8RT, and to the Keeper of the Register of Community Interests in Land. Yours sincerely Heather Holmes On behalf of Scottish Ministers B1 Spur, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD www.scotland.gov.uk
Notice by the Scottish Ministers under section 51(5) of the Land Reform (Scotland) Act 2003 The Scottish Ministers have considered the application by South Cowal Community Development Company (SCCDC) to proceed to buy land including a B listed mansion house (Castle Toward), 2 cottages and a gate lodge, surrounded by 142.7 acres of woodland and parkland and 2 smaller areas (part of 2 Chinese lakes) containing a private water supply, on the tip of the Cowal Peninsula, Argyll & Bute, in terms of Part 2 of the Land Reform (Scotland) Act 2003, ( the Act ). Scottish Ministers are satisfied that the right to buy be entered in the Register of Community Interests in Land (RCIL) for the following reasons: Section 51(2)(a) of the Act requires: (i) at least half of the members of the community to vote in the ballot conducted by the community body on the question of whether the community body should buy the land, or (ii) where less than half of the members of the community have so voted, the proportion which did vote is, in the circumstances, sufficient to justify the community body s proceeding to buy the land. SCCDC advises that 1,319 people comprise the community for the purposes of this application and, as such, were eligible to vote in terms of section 34(1)(a) of the Act. A total of 753 votes were cast. This equates to 57% turnout, which meets the requirements of section 51(2)(a)(ii) of the Act (that where less than half of the members of the community voted in the ballot conducted by the CB on the question of whether the CB should buy the land, a sufficient proportion voted in favour of the community body s proposals). This requirement is therefore met. Section 51(2)(b) of the Act requires that the majority of those voting have voted in favour of the proposal that the community body buys the land. SCCDC advises that 713 of the 753 persons voting, voted in favour of the proposed community purchase of the land. This equates to 95.2% of those who voted, voting in favour of the community proposal. There were no spoilt ballots which equates to 0% of the votes cast. This requirement is therefore met. Section 51(3)(a) of the Act requires the Scottish Ministers to be satisfied that the land is registrable land. Scottish Ministers are satisfied that the land remains registrable and is not excluded land, within the meaning of section 33(2) of the Act. The requirement in section 51(3)(a) of the Act is met. Section 51(3)(b) of the Act requires the Scottish Ministers to be satisfied that the community body continues to comply with the provisions of section 34 of the Act. Ministers are satisfied that provision in this regard has been met, as confirmed in SCCDC s right to buy application documents. The requirement in section 51(3)(b) of the Act is met.
Section 51(3)(c) of the Act requires the Scottish Ministers to be satisfied that SCCDC s proposals are compatible with furthering the achievement of sustainable development. Ministers are satisfied that provision in this regard has been met as demonstrated in SCCDC s application to register its interest in the land and again in its application and accompanying documentation to proceed with the right to buy. The requirements of SCCDC s proposals for furthering the achievement of sustainable development include: Leasing out the Mansion House to a third party operator or tenant (outdoor education/adventure operator); Developing possible wedding, events and conference venue, health and fitness club/spa; Providing outdoor events facilities for concerts and a festival; Developing a tea/coffee shop; Developing self-catering cottages; Developing a garden centre; Developing eco-camping hub; Developing retail units, information and a visitor centre; Developing a heritage hub to showcase the ancient history of the area. SCCDC believes that the development of the land will provide huge potential for the local economy of the area by, for example: Preserving a historic listed building and a designated landscape and estate with great emotional value for community; Creating up to 100 jobs (75 FTE) many of which will be available for local people (area is one of high unemployment); Creating up to 20 volunteer positions as well as local training opportunities; Providing new tourism opportunities; Providing opportunities for local businesses to grow; Providing significant development into the Cowal area ( 10M investment); The land will act as a focus for the wider development of South Cowal. The Scottish Ministers are satisfied that the proposed purchase of the land is in the public interest as SCCDC s aspirations, if successfully delivered, should benefit the local community of the Cowal Peninsula, Argyll and Bute. The aims of the legislation include creating opportunities to empower and strengthen communities where these would be in the public interest. There is no evidence to suggest that the proposals would disadvantage the wider community, the environment or the economy, nor harm any private interest. As no concerns have been brought before the Ministers from members of the community, the Scottish Ministers are satisfied that SCCDC s purchase of the land is in the public interest. The requirement in section 51(3)(d) of the Act has been met. Section 51(3)(e) of the Act requires the Scottish Ministers to be satisfied that there has not, since the date on which they decided that SCCDC s interest be registered (that is 23 January 2014) been a change in any matters to the extent that, if the application was to be made afresh, they would decide that the interest
is not to be entered in the RCIL. SCCDC confirms that there have been no such changes. The requirement in section 51(3)(e) of the Act has been met. The Act provides opportunities for rural communities to purchase and develop the land with which the local community has a connection. Ministers believe that, if successfully delivered, SCCDC s proposals should contribute positively to the sustainable development of the land, and the local community through the provision of a range of facilities including a venue for the community, self-catering facilities, eco-camping facilities, heritage facilities, visitor centre, garden centre, coffee/tea shop, and retail spaces. Ministers are therefore satisfied that, by giving their consent to proceed to buy the land, it would provide an opportunity for SCCDC to address directly the aspirations of the local community and, in consequence, meet the objectives of Part 2 of the Act. In accordance with section 51(5) of the Act, a copy of this letter is being sent to the landowner, Argyll and Bute Council, Kilmory, Lochgilphead, Argyll PA31 8RT, and to the Keeper of the Register of Community Interests in Land to enter in the Register a record of the decision to give consent to the exercise by South Cowal Community Development Company of the right to buy the registered land. NOTES Where a community body confirms they wish to proceed with their right to buy the registered land, in terms of section 56(3)(a) of the Act, it has six months from the date of confirmation to conclude missives, unless it is a late application, or where the valuation is appealed, or such later date as is agreed by both parties. An owner of land or a community body may, by virtue of section 61(1)(b) or (2)(b) of the Act, appeal by summary application to the sheriff against a decision by Scottish Ministers in respect of right to buy.